Aside from being scary and traumatizing, truck accidents can leave you with severe injuries. These injuries may not only change your life but also bring extraordinary stress, frustration, and financial burden. Luckily, there are legal options.
Flores, Tawney & Acosta, P.C., is ready to help you seek the compensation you need and deserve.
Common Causes of Serious Truck Accidents in Odessa, TX
Truck accidents can happen for a variety of reasons. Some of the causes of truck accidents may even be out of the driver’s control. Below are the most common causes of truck accidents.
Commercial truck drivers often feel the pressure of their jobs. They are required to drive many miles, usually on a time constraint. This can result in plenty of work with little to no rest.
Because commercial truck driving is very regulated, there are a set amount of hours that truck drivers can drive in one shift. However, many companies do not follow these rules, and drivers continue to face long shifts with few breaks. Driver fatigue leads to driver error, causing accidents.
Commercial trucks must be serviced and maintained properly. Often, a third party is responsible for this maintenance, ensuring trucks are in good working order. Nonetheless, poor maintenance can cause trucks to malfunction, leading to accidents.
Truck drivers are often in a rush to make tight deadlines. Unfortunately, a rushed truck driver may decide to drive at a speed much higher than they should, putting others on the road in danger. High speeds can easily cause accidents.
Commercial trucks are unlike cars, as they are composed of many more parts. If one piece of equipment in the truck fails or malfunctions, this can mean accidents. In this case, the truck’s manufacturer or maintenance company may be at fault.
Improper or Insufficient Training
Truck driving requires a special license and plenty of training. Yet sometimes, truck drivers may not receive sufficient training. This lack of training may leave a driver inexperienced and unable to perform their job correctly. Unfortunately, this can leave a driver prone to accidents while on the road.
Common Injuries Resulting from Truck Accidents
Truck accidents vary in severity, resulting in an array of injuries. Some of the most common truck accident injuries include:
- Broken bones,
- Head and neck injuries,
- Burns, and
- Spinal cord injuries.
In the most unfortunate cases, truck accidents can result in death. In this situation, the victim’s family may be able to sue for wrongful death.
What Is the Difference Between a Car and Truck Accident?
While many may believe car and truck accidents are relatively similar, they are not. Certain factors distinguish truck accidents from typical car accidents.
More Severe Injuries
Commercial trucks are larger and heavier and have a higher capacity to cause more significant damage. Because of this, trucks can cause much more severe injuries to a victim. These injuries can bring higher medical bills and are often life-altering.
More Property Damage
For the same reasons listed above, trucks can cause much more property damage than regular vehicles. It is much easier for a truck to cause irreparable damage to a car and substantial damage to the surrounding area.
Higher Insurance Policies
Truck insurance policies are often up to 50 times higher than car insurance policies. Insurance companies are known to do everything in their power to limit liability, but even more so with truck accident cases. This adds a layer of complication to truck accident cases. Fortunately, truck accident attorneys are experts at dealing with insurance companies.
Truck accidents are more complicated than other kinds of accident cases because it is often difficult to determine who is at fault for your accident. Liable parties in truck accident claims can include:
- Truck driver,
- Truck driver’s employer,
- Owner of the truck,
- Manufacturer, or
- The person responsible for maintenance.
Depending on the cause of the accident, truck accidents can also encompass more than one area of law. These may include:
- Products liability, or
- Wrongful death.
To establish negligence, you must first satisfy the elements of negligence. The elements include:
- The responsible party owed the victim a duty of care;
- The responsible party breached this duty of care;
- The breach resulted in an accident;
- There are damages.
If the accident was a result of a manufacturing defect, your lawsuit will include product liability. This will require you to show:
- The defect was unreasonably dangerous;
- The defect caused the injuries;
- The truck was operated as intended at the time of the accident; and
- The truck was not modified or changed.
In the unfortunate event that a truck accident causes a death, the victim’s family may bring a lawsuit for wrongful death. The family will need to prove the same facts as if the victim themselves were bringing the case.
DO YOU THINK YOU HAVE A CASE?
Discuss your case with us during a free consultation.
Damages You May Seek in a Truck Accident Claim
Damages in a truck accident claim depend on the accident itself and the injuries sustained. There are generally two kinds of damages you may seek: economic and non-economic damages.
It is rather easy to calculate economic damages. These damages include:
- Medical bills,
- Property damage, and
- Lost wages.
Economic damages are supported by documentation, which your attorney will use to assign a dollar amount.
Non-economic damages, on the other hand, are for intangible items. These damages include:
- Pain and suffering,
- Mental and emotional anguish, and
- Loss of consortium.
These damages are slightly more challenging to calculate because they don’t correlate to a specific dollar figure. Still, your attorney will know how to calculate your non-economic damages successfully.
How Will a Truck Accident Attorney Help Me?
As you can see, truck accidents can be significantly challenging cases to navigate. There are many details and factors that affect your claim that only a qualified truck accident attorney will be able to handle.
Your Odessa truck accident attorney will handle your case from start to finish. They will handle all aspects of your case, including:
- Investigating your case;
- Collecting relevant evidence;
- Interviewing witnesses;
- Consulting with experts in the field;
- Communicating with the insurance company; and
- Engaging in settlement negotiations.
Truck accident claims can be extremely involved and require plenty of time, energy, and expertise. Having a truck accident attorney handle your claim can leave you feeling confident, and you can have peace of mind knowing your case is in the best hands.
Consult An Odessa Truck Accident Attorney Today
Flores, Tawney & Acosta, P.C., is a team of knowledgeable and experienced attorneys dedicated to helping injured clients. We understand truck accidents can leave clients facing difficult circumstances, and we’re ready to help alleviate the stresses and burdens. We put our clients and their needs first, fighting aggressively for just compensation. We offer a free case evaluation. Contact us today, and let’s discuss your case.